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      Question

      Section 34 gives the RDB Act overriding effect. Under

      Section 34(2), the Act is expressly stated to be in ADDITION TO and NOT in derogation of which of the following Acts?
      A The Banking Regulation Act, 1949 Correct Answer Incorrect Answer
      B The SARFAESI Act, 2002 Correct Answer Incorrect Answer
      C The Insolvency and Bankruptcy Code, 2016 Correct Answer Incorrect Answer
      D The State Financial Corporations Act, 1951 and the Small Industries Development Bank of India Act, 1989 Correct Answer Incorrect Answer
      E The Reserve Bank of India Act, 1934 Correct Answer Incorrect Answer

      Solution

      Section 34(1) gives the Act overriding effect over inconsistent provisions of other laws. Section 34(2) qualifies this by providing that the Act is in addition to and not in derogation of: the Industrial Finance Corporation Act, 1948; the State Financial Corporations Act, 1951; the Unit Trust of India Act, 1963; the Industrial Reconstruction Bank of India Act, 1984; the Sick Industrial Companies (Special Provisions) Act, 1985; and the Small Industries Development Bank of India Act, 1989. Among the options given, only Option D correctly identifies Acts listed in Section 34(2). The Banking Regulation Act, SARFAESI Act, IBC, and RBI Act are not specifically listed under Section 34(2).

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